Decision Date: 07/10/95 Archive Date: 01/19/96
DOCKET NO. 93-17 379 ) DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Phoenix,
Arizona
THE ISSUES
1. Entitlement to an increased evaluation for service-
connected residuals of a right knee injury, currently rated
as 10 percent disabling.
2. Entitlement to service connection for dental trauma for
the purpose of obtaining VA outpatient dental treatment.
REPRESENTATION
Appellant represented by: Arizona Veterans Service
Commission
WITNESSES AT HEARING ON APPEAL
The veteran and his wife.
ATTORNEY FOR THE BOARD
Bernard T. DoMinh, Associate Counsel
INTRODUCTION
The veteran served on active duty from March 1934 to July
1936, from October 1936 to May 1938, and from November 1942
to February 1946.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from rating decisions by the Phoenix, Arizona,
Regional Office (RO) of the Department of Veterans Affairs
(VA), which, in February 1991, determined that the veteran
did not sustain dental trauma during active service, and
which, in May 1991, increased his disability rating for
service-connected residuals of a right knee injury from
noncompensable to a 10 percent evaluation.
In a February 1992 medical statement, H. Paul Bauer, Jr.,
M.D., opined that the veteran’s right knee disorder made him
“totally disabled from doing any work” until such time as he
is surgically treated to correct his knee condition. This
statement raises a possible issue of entitlement to a total
rating, and this matter is referred to the RO for further
consideration and development.
REMAND
The veteran has submitted evidence to the effect that he has
been treated for dental problems since 1946 by E. H. Tippets,
D.M.D., paying him 100 dollars monthly for 45 years for a
total of $54,000. The actual records of Dr. Tippets, as well
as a description of when the veteran first told him about the
dental trauma he allegedly suffered in service, would be most
helpful in determining whether his present dental condition
is the result of trauma in service.
In addition, private medical evidence of significant knee
disability has been presented. It would be helpful to have
the records of all treatment for this disability, whether
private or VA, especially as the veteran’s private physician
recommended, in February 1992, surgery at the VA hospital.
Accordingly, the case is remanded to the RO for the following
development:
1. The actual records of the veteran’s
treatment by Dr. Tippet should be
obtained and Dr. Tippet should be asked
to specify, if not apparent in his
records, when the veteran told him of the
dental trauma in service.
2. The veteran should be asked to
identify all sources of treatment since
1990 for his right knee. Pertinent
records should be obtained.
After review by the RO, if any decision remains adverse to
the veteran, a supplemental statement of the case should be
issued. Thereafter, the case should be returned to the
Board, if in order. The Board intimates no opinion as to the
ultimate outcome of this case. The appellant need take no
action unless otherwise notified.
J. E. DAY
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1994).
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